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Cities scramble after sex offender ruling

Three cities and San Diego County are reviewing their bans on sex offenders being near schools and parks this week after the California Supreme Court declined to review lower court rulings declaring similar restrictions illegal. National City, La Mesa, Santee and the county have all adopted ordinances that prohibit sex offenders from being within 300 feet of a school, day care center, arcade, playground, park or amusement center, to some degree. Full Article

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APPELLATE COURT INCREASES ELIGIBILITY FOR CERTIFICATES OF REHABILITATION

The California Court of Appeal issued a decision today (April 25) that increases the eligibility of registered citizens who may apply for a certificate of rehabilitation. That is, the court determined that individuals convicted of Penal Code 288(a) may apply for such a certificate. “The court’s decision today is important to a small group of registered citizens who wish to apply for a certificate of rehabilitation,” stated CA RSOL President Janice Bellucci. “Unfortunately, it does not guarantee that any registered citizen will actually obtain a certificate.” The appellate court’s decision…

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Sex offender data threatening home values, tarnishing neighborhoods and frustrating real estate agents

Allan Van Inwegen said he received some unsettling news almost immediately after moving into a home with his wife and two children about 14 years ago. His neighbors told him they were living in a property right next door to a sex offender, “who happened to be 17 with a green mohawk,” said Inwegen, a broker in Denver. But after some digging, he discovered that the offender wasn’t exactly a menace. The 17-year-old had had sex with his 15-year-old girlfriend, and the girl’s father, a preacher, had caught them and…

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CALIFORNIA SUPREME COURT UPHOLDS BAN ON CITY, COUNTY ORDINANCES

[Updated with media links] The California Supreme Court today denied review of a lower court’s decision that, in effect, bans cities and counties from enforcing ordinances that restrict where a registered citizen may be present or near.  Review by the Court was requested by the Orange County District Attorney. “Today’s decision is a major victory,” stated CA RSOL President Janice Bellucci.  “Through its denial to review a lower court decision, the California Supreme Court has ruled that ordinances in more than 70 cities and 5 counties are preempted by existing…

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Santa Maria attorney files sex offender lawsuit against Lompoc

A Santa Maria attorney has filed a complaint in federal district court on behalf of a Grover Beach resident against the city of Lompoc over a sex offender ordinance the city adopted, claiming it violates both the federal and state constitutions. Attorney Janice Bellucci, who also serves as president of the California chapter of the nonprofit organization Reform Sex Offender Laws, filed the complaint on behalf of registered sex offender Frank Lindsay, 61, who serves as a board member for the chapter. Full Article

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Supreme Court sets aside $3.4-million verdict for child-porn victim

WASHINGTON — Victims of child pornography whose images of sexual abuse have circulated on the Internet may claim damages from every person caught with illegal images, the Supreme Court ruled Wednesday. But justices rejected the idea that a single person who possesses such images may be assessed the full amount due to the victim, setting aside a $3.4-million verdict against a Texas man in a favor of a woman whose childhood rape was photographed and widely circulated on the Internet. Full Article Also see: http://www.scotusblog.com/2014/04/opinion-analysis-dividing-the-duty-to-pay-for-child-porn/ (Analysis) http://www.courthousenews.com/2014/04/23/67276.htm

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NM: Court urges rewrite of state’s child porn law

New Mexico’s highest court on Monday overturned more than two dozen convictions in separate child pornography cases in a ruling that drew sharp criticism from Republican Gov. Susana Martinez, a former prosecutor. The state Supreme Court said the defendants can be charged with only one felony count of possessing child pornography despite having many pornographic images of children. Martinez spokesman Enrique Knell said the ruling “will place children at risk.” Full Article

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Police can stop vehicles based on anonymous 911 tips, justices rule

WASHINGTON—The Supreme Court has upheld the authority of police officers to stop cars and question their drivers based on an anonymous tip to a hot line. In a 5-4 decision written by Justice Clarence Thomas, the justices ruled that such stops do not amount to an unreasonable search or seizure, even if the arresting officer did not observe the vehicle speeding or swaying while driving down the highway. Full Article

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LOMPOC SEX OFFENDER ORDINANCE CHALLENGED IN FEDERAL DISTRICT COURT

Lompoc is the fifth city whose sex offender ordinance is being challenged in federal district court. The lawsuit was filed on April 21 in the U.S. District Court Central Division. “The City of Lompoc was notified in January that its ordinance violates the state and federal constitutions yet the city failed to either repeal or stay enforcement of that ordinance,” stated attorney Janice Bellucci. “Lompoc did not learn the lesson of the first four cities to be sued — Pomona, South Lake Tahoe, National City and Carson — earlier this…

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Steinberg seeks sex offender review beyond ‘what sounds good’

SACRAMENTO– California Senate leader Darrell Steinberg says he’ll seek a state investigation into California’s supervision of sex offenders that goes beyond the circumstances of two Orange County transients recently accused of killing multiple women while they were supervised by state and federal agents and tracked on electronic monitors. Steinberg’s staff said Friday that the Sacramento Democrat planned Monday to formally request a probe by the office of inspector general. However, speaking at a public policy forum Monday afternoon, Steinberg said his office is still drafting a call for an inquiry into the…

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Keeping kids safe

‘In response’ letter to the editor on National City’s sex offender ordinance, for April 19, 2014 I think the point of our ordinance was missed by the April 16 editorial “Sex-offender laws lead to more crimes.” The state has full control of residence requirements for predatory sex offenders of children. Our ordinance has nothing to do with where a person resides, but instead it addresses where they spend their time. If individuals who have proved themselves to be predatory sex offenders of children are in our communities, we want them…

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FTR – sentenced to life without parole

____ ____ ____, who was convicted last week for failure to register as a sex offender, was sentenced to life without the possibility of parole on Thursday. Fifteenth District Attorney Hal Kittrell said ____ was given a life sentence because of his status as a habitual offender. He said ____ has been convicted of three previous felony charges in Pearl River County before being convicted for failing to register as a sex offender last week. According to a press release from the District Attorney’s office, ____ had previously been convicted for child molestation…

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Register Now for Webinar: “An Overview of Sex Offender Reentry: Building a Foundation for Professionals”

The challenges associated with reentry after incarceration are intensified for individuals who have been convicted of sex offenses. Research reveals that upon return to the community, sex offenders are more likely to be rearrested for a non-sex crime than a new sex crime, and that supervision violation rates are high. The field struggles with developing effective comprehensive reentry strategies that respond to the myriad general and specialized needs of sex offenders. This webinar is the first in a series designed for professionals working to prepare individuals convicted of a sexual…

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